77th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 2064

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1 th OREGON LEGISLATIVE ASSEMBLY--0 Regular Session House Bill 0 Introduced and printed pursuant to House Rule.00. Presession filed (at the request of House Interim Committee on General Government and Consumer Protection) SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor s brief statement of the essential features of the measure as introduced. Reduces Department of Consumer and Business Services role in regulating amusement rides, amusement devices and rental amusement devices. Requires person engaging in occupation of inspecting amusement rides, amusement devices or rental amusement devices to meet and maintain professional qualifications established by department by rule. Changes timing requirement for mandatory annual inspection of ride or device by insurance carrier. Imposes strict liability on owner of amusement ride, amusement device or rental amusement device for damages caused by operation of ride or device that is contrary to statute, rules or insurer restrictions or conditions. Makes violation of department rules regulating amusement rides, amusement devices or rental amusement devices punishable by maximum penalty of $,00 fine, six months imprisonment, or both. 0 0 A BILL FOR AN ACT Relating to the amusement industry; creating new provisions; amending ORS.00,.0,.,.0,.0, 0.0, 0.0, 0.0, 0.0 and 0.; and repealing ORS 0.0, 0.0, 0., 0.0, 0., 0., 0.0 and 0.0. Be It Enacted by the People of the State of Oregon: SECTION. Sections to of this 0 Act are added to and made a part of ORS 0.0 to 0.0. SECTION. A person who engages in the occupation of inspecting amusement rides, amusement devices or rental amusement devices must meet and maintain professional qualifications as established by the Department of Consumer and Business Services by rule. The qualifications established by the department may include, but need not be limited to, active certification of the person as an inspector by an amusement industry organization. SECTION. () An owner of an amusement ride, amusement device or rental amusement device may not operate, or allow another to operate, the ride or device without first having obtained insurance from a company authorized to transact insurance in this state or an eligible surplus lines insurer as defined in ORS.0. The insurance policy must insure the public and all persons riding or otherwise in contact with the ride or device against loss or injury, in an amount not less than $ million per occurrence and an aggregate total of not less than $ million. () An owner of an amusement ride, amusement device or rental amusement device may not allow the ride or device to be in service unless the ride or device has been inspected by an amusement ride inspector on or after the preceding December. The inspector must be employed, or otherwise be authorized to inspect the ride or device, by the insurance carrier insuring the ride or device. The inspector shall note any restrictions and conditions that, in the inspector s judgment, should be imposed upon the operation of the ride or device to NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type. LC

2 HB protect human life and property. In addition, the inspector shall indicate whether the ride or device: (a) Meets the insurance carrier s standards; (b) Meets safety standards approved by the American Society for Testing and Materials; and (c) Is assembled and operated in compliance with the manual supplied by the manufacturer of the ride or device. () If an insurance carrier notifies the insured that the insurance carrier will no longer insure an amusement ride, amusement device or rental amusement device, or that insurance on a ride or device is no longer in force, the owner shall immediately remove the ride or device from service. The owner may not return the ride or device to service unless the ride or device is inspected and insurance coverage for the ride or device is obtained as required by subsection () of this section. () An owner shall keep records demonstrating that the owner has complied with insurance coverage and annual inspection requirements for the amusement ride, amusement device or rental amusement device. The owner shall make the records available for public inspection during reasonable business hours. The owner shall provide copies of the records to the Department of Consumer and Business Services upon request of the department. SECTION. () The Department of Consumer and Business Services may adopt rules for the administration and enforcement of ORS 0.0 to 0.0. In adopting rules under this section, the department shall consider: (a) Safety standards followed, proposed or approved by responsible members of the amusement ride industry and by the American Society for Testing and Materials. (b) The practicability of following the standards under consideration, if adopted. (c) Technological advances in the amusement ride industry. (d) The probability, extent and gravity of the injury to the public or property that would result from failure to follow the standards under consideration. () Rules adopted under subsection () of this section may include rules to: (a) Subject a game, device or associated structure otherwise excluded under ORS 0.0 ()(b), or any other item commercially used to convey persons for purposes of amusement, to regulation as an amusement device; (b) Exempt a structure, contrivance or combination of structures and contrivances described in ORS 0.0 ()(a) from regulation as an amusement device; (c) Subject a device, structure or equipment not described in ORS 0.0 (), or any other item that is commercially rented and used to convey people for amusement purposes, to regulation as a rental amusement device; or (d) Exempt a device, structure or equipment described in ORS 0.0 () from regulation as a rental amusement device. () The owner of equipment described in ORS 0.0 ()(a)(b) is not a common carrier. Subject to ORS 0.0 to 0.0, the owner of the equipment must exercise the highest degree of care to ensure the safety of persons using the equipment. If the department finds that the United States Forest Service or other agency of government has jurisdiction over, and regulates and provides inspection of, equipment described in ORS 0.0 ()(a)(b) under safety standards adopted by the service or other agency that are not lower than standards adopted by the department by rule, the department may not apply the department s standards to the []

3 HB equipment. SECTION. () An owner of an amusement ride, amusement device or rental amusement device is strictly liable for damages caused by the ride or device being operated in a manner that violates: (a) A provision of ORS 0.0 to 0.0; (b) A rule adopted under ORS 0.0 to 0.0; or (c) A restriction or condition on operation of the ride or device that is imposed by the insurance carrier to protect human life and property. () Subsection () of this section does not apply to damages caused by a rental amusement device due to tampering or alteration by the renter. This subsection does not affect any other basis or standard for imposing liability on a rental amusement device owner. SECTION. ORS 0.0 is amended to read: 0.0. As used in ORS 0.0 to 0.0, unless the context requires otherwise: () Amusement [devices ] device, except as provided in section () of this 0 Act: (a) Means a structure, electrical or mechanical contrivance or combination [thereof which] of structures or contrivances that is intended to supply revenue to the owner [or operator] of the device by providing or offering to provide amusement, pleasures, thrills or excitement at carnivals, fairs or amusement parks. [ Amusement device ] (b) Does not [include] mean games, concessions and associated structures. () Amusement ride : (a) Except as provided in this subsection, means [any] a vehicle, boat or other mechanical device [except water slides moving] used to convey one or more individuals for amusement, entertainment, diversion or recreation upon or within a flow perimeter or structure, along cables, rails or ground, through the air by centrifugal force or otherwise, or across water, [that is used to convey one or more individuals for amusement, entertainment, diversion or recreation. The term amusement ride includes, but is not limited to] such as the following: [(a)] (A) [Rides] A ride commonly known as [Ferris wheels, carousels, parachute towers, bungee jumping, tunnels of love and roller coasters] a Ferris wheel, carousel, parachute tower, bungee jump, tunnel of love or roller coaster. [(b)] (B) Equipment generally associated with winter sports activities, such as [ski lifts, ski tows, j-bars, t-bars, ski mobiles, chair lifts and aerial tramways] a ski lift, ski tow, j-bar, t-bar, ski mobile, chair lift or aerial tramway. [(c)] (C) A crane, lifting device or other type of equipment not originally designed to be used as an amusement ride, [such as cranes or other lifting devices, when used as part of an amusement ride or device] if used for amusement ride purposes or in conjunction with an amusement device or rental amusement device. (D) Model railroad equipment. (b) Does not mean: (A) A water slide, a go-cart, playground equipment or a coin-operated ride; or (B) A privately owned ride located on private property, if the ride is open only to selectively admitted or specifically invited individuals who do not pay a fee or other charge for access to or use of the ride. () Amusement ride inspector means an employee or representative of a casualty insurance company or companies who is qualified and regularly employed by or otherwise authorized by the insurance company to inspect amusement rides, amusement devices and rental amusement de- []

4 HB vices for safety. () Department means the Department of Consumer and Business Services. () Director means the Director of the Department of Consumer and Business Services. () Inflatable device or structure means an air-supported amusement attraction that: (a) Incorporates a structure and mechanical system; and (b) Uses a high-strength fabric or film that achieves strength, shape and stability by tensioning from internal air pressure. () Owner means: (a) A proprietor, managing partner, corporate officer or other person having directional control over a business, partnership, corporation or other entity engaged in the amusement ride, amusement device or rental amusement device industry; (b) A lessee of an amusement ride or amusement device; or (c) A lessor of a rental amusement device. () Rental amusement device, except as provided in section () of this 0 Act, means an inflatable device or structure or a portable rock wall, and any equipment associated with the device, structure or wall, that the owner makes available for rental by consumers. [()] () Water slide means a recreational device designed to provide a descending ride on a flowing water film into a splash down pool at the base of the slide. SECTION. ORS 0.0, as amended by section of this 0 Act, is amended to read: 0.0. As used in ORS 0.0 to 0.0, unless the context requires otherwise: () Amusement device, except as provided in section () of this 0 Act: (a) Means a structure, electrical or mechanical contrivance or combination of structures or contrivances that is intended to supply revenue to the owner of the device by providing or offering to provide amusement, pleasures, thrills or excitement at carnivals, fairs or amusement parks. (b) Does not mean games, concessions and associated structures. () Amusement ride : (a) Except as provided in this subsection, means a vehicle, boat or other mechanical device used to convey one or more individuals for amusement, entertainment, diversion or recreation upon or within a flow perimeter or structure, along cables, rails or ground, through the air by centrifugal force or otherwise, or across water, such as the following: (A) A ride commonly known as a Ferris wheel, carousel, parachute tower, bungee jump, tunnel of love or roller coaster. (B) Equipment generally associated with winter sports activities, such as a ski lift, ski tow, j-bar, t-bar, ski mobile, chair lift or aerial tramway. (C) A crane, lifting device or other type of equipment not originally designed to be used as an amusement ride, if used for amusement ride purposes or in conjunction with an amusement device or rental amusement device. (D) Model railroad equipment. (b) Does not mean: (A) A water slide, a go-cart, playground equipment or a coin-operated ride; or (B) A privately owned ride located on private property, if the ride is open only to selectively admitted or specifically invited individuals who do not pay a fee or other charge for access to or use of the ride. () Amusement ride inspector means an employee or representative of a casualty insurance company or companies who is qualified as described in section of this 0 Act and regularly []

5 HB employed by or otherwise authorized by the insurance company to inspect amusement rides, amusement devices and rental amusement devices for safety. () Department means the Department of Consumer and Business Services. () Director means the Director of the Department of Consumer and Business Services. () Inflatable device or structure means an air-supported amusement attraction that: (a) Incorporates a structure and mechanical system; and (b) Uses a high-strength fabric or film that achieves strength, shape and stability by tensioning from internal air pressure. () Owner means: (a) A proprietor, managing partner, corporate officer or other person having directional control over a business, partnership, corporation or other entity engaged in the amusement ride, amusement device or rental amusement device industry; (b) A lessee of an amusement ride or amusement device; or (c) A lessor of a rental amusement device. () Rental amusement device, except as provided in section () of this 0 Act, means an inflatable device or structure or a portable rock wall, and any equipment associated with the device, structure or wall, that the owner makes available for rental by consumers. () Water slide means a recreational device designed to provide a descending ride on a flowing water film into a splash down pool at the base of the slide. SECTION. ORS 0.0 is amended to read: 0.0. () [Permits issued under ORS 0.0 are valid until] An annual inspection performed under section of this 0 Act becomes invalid if the amusement ride, amusement device or rental amusement device is materially rebuilt or materially modified so as to change the original action of the [said amusement] ride or device. The owner of a ride or device described in this subsection must obtain a new inspection prior to returning the ride or device to service.[, but in no case for longer than one year after the date of issuance as follows:] [() If an amusement ride or device is altered so as to change the original action of the said amusement ride or device, such amusement ride or device shall be subject to a new inspection and shall apply for a new permit under ORS 0.0.] () If an amusement ride, amusement device or rental amusement device is moved and installed in another place but is not altered so as to change the original action of the [said amusement ride or device, no new permit shall be required; provided, however, a permit has been issued previously under ORS 0.0 and has not been operative for longer than a one-year period] ride or device, the movement and installation does not invalidate the annual inspection performed on the ride or device. SECTION. ORS 0.0 is amended to read: 0.0. () Violation of any of the provisions of ORS 0.00 to 0. is a Class C misdemeanor. () Violation of any of the provisions of ORS 0.0 to 0.0 or rules adopted under ORS 0.0 to 0.0 is a Class B misdemeanor. SECTION 0. ORS.00 is amended to read:.00. As used in this chapter, unless the context requires otherwise: ()(a) Advisory board means the board with responsibility for assisting in the adoption, amendment or administration of a specialty code, specifically: (A) The Building Codes Structures Board established under ORS.; []

6 HB (B) The Electrical and Elevator Board established under ORS.; (C) The State Plumbing Board established under ORS.; (D) The Board of Boiler Rules established under ORS 0.; (E) The Residential and Manufactured Structures Board established under ORS.; (F) The Mechanical Board established under ORS.0; or (G) The Construction Industry Energy Board established under ORS.. (b) Appropriate advisory board means the advisory board that has jurisdiction over a particular code, standard, license, certification or matter. () Department means the Department of Consumer and Business Services. () Director means the Director of the Department of Consumer and Business Services. () Low-Rise Residential Dwelling Code means the adopted specialty code prescribing standards for the construction of residential dwellings that are three stories or less above grade and have an exterior door for each dwelling unit, but are not facilities or homes described in ORS.00 or transient lodging. () Municipality means a city, county or other unit of local government otherwise authorized by law to administer a building code. () Prefabricated structure means a building or subassembly that has been in whole or substantial part manufactured or assembled using closed construction at an off-site location to be wholly or partially assembled on-site. Prefabricated structure does not include a manufactured dwelling, recreational structure or recreational vehicle, as those terms are defined in ORS.00. () Specialty code means a code of regulations adopted under ORS.0,.,.00 (),.00 (),.,.0,.0, 0.0, [0.0,].0 () or 0. or section of this 0 Act, but does not include regulations adopted by the State Fire Marshal pursuant to ORS chapter or ORS.0 to.00 and.0 to.0. () State building code means the combined specialty codes. () Structural code means the specialty code prescribing structural standards for building construction. (0) Unsafe condition means a condition caused by earthquake which is determined by the department or any representative of the department to be dangerous to life and property. Unsafe condition includes but is not limited to: (a) Any portion, member or appurtenance of a building that has become detached or dislodged or appears likely to fail or collapse and thereby injure persons or damage property; or (b) Any portion, of a building or structure that has been damaged by earthquake, or by fire or explosion resulting from an earthquake, to the extent that the structural strength or stability of the building is substantially less than it was prior to the earthquake. SECTION. ORS.0 is amended to read:.0. All moneys deposited to the Consumer and Business Services Fund that are derived pursuant to ORS.0 [or 0.0], or from state building code or specialty code program fees for which the amounts are established by Department of Consumer and Business Services rule pursuant to ORS.00 (), are continuously appropriated to the department for carrying out any of the duties, functions and powers of the department under ORS.0 [or 0.0 to 0.0] or under a program for which a fee amount is established by department rule pursuant to ORS.00 (), without regard to the source of the moneys. SECTION. ORS. is amended to read:.. ()(a) A municipality that assumes the administration and enforcement of a building in- []

7 HB spection program shall administer and enforce the program for all of the following: (A) The state building code, as defined in ORS.00, except as set forth in paragraph (b) of this subsection. (B) Manufactured structure installation requirements under ORS.,. () and.0. (C) Manufactured dwelling parks and mobile home parks under ORS chapter. (D) Park and camp programs regulated under ORS.0. (E) Tourist facilities regulated under ORS.0 to.0. (F) Manufactured dwelling alterations regulated under ORS.. (G) Manufactured structure accessory buildings and structures under ORS.. (H) Boilers and pressure vessels described in rules adopted under ORS 0. (). (b) A building inspection program of a municipality may not include: (A) Boiler and pressure vessel programs under ORS 0.0 to 0.0 except those described in rules adopted under ORS 0. (); (B) Elevator programs under ORS 0.00 to 0.; (C) Amusement ride, amusement device or rental amusement device regulation under ORS 0.0 to 0.0; (D) Prefabricated structure regulation under ORS chapter ; (E) Manufacture of manufactured structures programs under ORS. to., including the administration and enforcement of federal manufactured dwelling construction and safety standards adopted under ORS. or the National Manufactured Housing Construction and Safety Standards Act of ; (F) Licensing and certification, or the adoption of statewide codes and standards, under ORS chapter,,, or ; or (G) Review of plans and specifications as provided in ORS.. () A municipality that administers a building inspection program as allowed under this section shall do so for periods of four years. The Department of Consumer and Business Services shall adopt rules to adjust time periods for administration of a building inspection program to allow for variations in the needs of the department and participants. () When a municipality administers a building inspection program, the governing body of the municipality shall, unless other means are already provided, appoint a person to administer and enforce the building inspection program, who shall be known as the building official. A building official shall, in the municipality for which appointed, attend to all aspects of code enforcement, including the issuance of all building permits. Two or more municipalities may combine in the appointment of a single building official for the purpose of administering a building inspection program within their communities. ()(a) By January of the year preceding the expiration of the four-year period described in subsection () of this section, the governing body of the municipality shall notify the Director of the Department of Consumer and Business Services and, if the municipality is not a county, notify the county whether the municipality will continue to administer and enforce the building inspection program after expiration of the four-year period. (b) Notwithstanding the January date set forth in paragraph (a) of this subsection, the director and the municipality and, if the municipality is not a county, the county may by agreement extend that date to no later than March. () If a city does not notify the director, or notifies the director that it will not administer the building inspection program, the county or counties in which the city is located shall administer and []

8 HB enforce the county program within the city in the same manner as the program is administered and enforced outside the city, except as provided by subsection () of this section. () If a county does not notify the director, or notifies the director that it will not administer and enforce a building inspection program, the director shall contract with a municipality or other person or use such state employees or state agencies as are necessary to administer and enforce a building inspection program, and permit or other fees arising therefrom shall be paid into the Consumer and Business Services Fund created by ORS 0. and credited to the account responsible for paying the expenses thereof. A state employee may not be displaced as a result of using contract personnel. () The governing body of a municipality may commence responsibility for the administration and enforcement of a building inspection program beginning July of any year by notifying the director no later than January of the same year and obtaining the director s approval of an assumption plan as described in subsection ()(c) of this section. () The department shall adopt rules to require the governing body of each municipality assuming or continuing a building inspection program under this section to submit a written plan with the notice required under subsection () or () of this section. If the department is the governing body, the department shall have a plan on file. The plan must specify how cooperation with the State Fire Marshal or a designee of the State Fire Marshal will be achieved and how a uniform fire code will be considered in the review process of the design and construction phases of buildings or structures. () A municipality that administers and enforces a building inspection program pursuant to this section shall recognize and accept the performances of state building code activities by businesses and persons authorized under ORS. to perform the activities as if the activities were performed by the municipality. A municipality is not required to accept an inspection, a plan or a plan review that does not meet the requirements of the state building code. (0) The department or a municipality that accepts an inspection or plan review as required by this section by a person licensed under ORS. has no responsibility or liability for the activities of the licensee. () In addition to the requirements of ORS.00 and.0, the director shall regulate building inspection programs that municipalities assume on or after January, 00. Regulation under this subsection shall include but not be limited to: (a) Creating building inspection program application and amendment requirements and procedures; (b) Granting or denying applications for building inspection program authority and amendments; (c) Requiring a municipality assuming a building inspection program to submit with the notice given under subsection () of this section an assumption plan that includes, at a minimum: (A) A description of the intended availability of program services, including proposed service agreements for carrying out the program during at least the first two years; (B) Demonstration of the ability and intent to provide building inspection program services for at least two years; (C) An estimate of proposed permit revenue and program operating expenses; (D) Proposed staffing levels; and (E) Proposed service levels; (d) Reviewing procedures and program operations of municipalities; (e) Creating standards for efficient, effective, timely and acceptable building inspection programs; []

9 HB (f) Creating standards for justifying increases in building inspection program fees adopted by a municipality; (g) Creating standards for determining whether a county or department building inspection program is economically impaired in its ability to reasonably continue providing the program throughout a county, if another municipality is allowed to provide a building inspection program within the same county; and (h) Enforcing the requirements of this section. () The department may assume administration of a building inspection program: (a) During the pendency of activities under ORS.0; (b) If a municipality abandons or is no longer able to administer the building inspection program; and (c) If a municipality fails to substantially comply with any provision of this section or of ORS.,. and.. () A municipality that abandons or otherwise ceases to administer a building inspection program that the municipality assumed under this section may not resume the administration or enforcement of the program for at least two years. The municipality may resume the administration and enforcement of the abandoned program only on July of an odd-numbered year. Prior to resuming the administration and enforcement of the program, the municipality must follow the notification procedure set forth in subsection () of this section. SECTION. ORS.0 is amended to read:.0. () Except as provided in subsection () of this section, a municipality that assumes the administration and enforcement of a building inspection program prior to January, 00, may administer and enforce all or part of a building inspection program. A building inspection program: (a) Is a program that includes the following: (A) The state building code, as defined in ORS.00, except as set forth in paragraph (b) of this subsection. (B) Manufactured structure installation requirements under ORS.,. () and.0. (C) Manufactured dwelling parks and mobile home parks under ORS chapter. (D) Park and camp programs regulated under ORS.0. (E) Tourist facilities regulated under ORS.0 to.0. (F) Manufactured dwelling alterations regulated under ORS.. (G) Manufactured structure accessory buildings and structures under ORS.. (H) Boilers and pressure vessels described in rules adopted under ORS 0. (). (b) Is not a program that includes: (A) Boiler and pressure vessel programs under ORS 0.0 to 0.0 except those described in rules adopted under ORS 0. (); (B) Elevator programs under ORS 0.00 to 0.; (C) Amusement ride, amusement device or rental amusement device regulation under ORS 0.0 to 0.0; (D) Prefabricated structure regulation under ORS chapter ; (E) Manufacture of manufactured structures programs under ORS. to., including the administration and enforcement of federal manufactured dwelling construction and safety standards adopted under ORS. or the National Manufactured Housing Construction and Safety Standards Act of ; (F) Licensing and certification, or the adoption of statewide codes and standards, under ORS []

10 HB chapter,,, or ; and (G) Review of plans and specifications as provided in ORS.. () A municipality that administers a building inspection program as allowed under this section shall do so for periods of four years. The Department of Consumer and Business Services shall adopt rules to adjust time periods for administration of a building inspection program to allow for variations in the needs of the department and participants. () When a municipality administers a building inspection program, the governing body of the municipality shall, unless other means are already provided, appoint a person to administer and enforce the building inspection program or parts thereof, who shall be known as the building official. A building official shall, in the municipality for which appointed, attend to all aspects of code enforcement, including the issuance of all building permits. Two or more municipalities may combine in the appointment of a single building official for the purpose of administering a building inspection program within their communities. ()(a) By January of the year preceding the expiration of the four-year period described in subsection () of this section, the governing body of the municipality shall notify the Director of the Department of Consumer and Business Services and, if not a county, notify the county whether the municipality will continue to administer the building inspection program, or parts thereof, after expiration of the four-year period. If parts of a building inspection program are to be administered and enforced by a municipality, the parts shall correspond to a classification designated by the director as reasonable divisions of work. (b) Notwithstanding the January date set forth in paragraph (a) of this subsection, the director and the municipality and, if the municipality is not a county, the county may by agreement extend that date to no later than March. () If a city does not notify the director, or notifies the director that it will not administer certain specialty codes or parts thereof under the building inspection program, the county or counties in which the city is located shall administer and enforce those codes or parts thereof within the city in the same manner as it administers and enforces them outside the city, except as provided by subsection () of this section. () If a county does not notify the director, or notifies the director that it will not administer and enforce certain specialty codes or parts thereof under the building inspection program, the director shall contract with a municipality or other person or use such state employees or state agencies as are necessary to administer and enforce those codes or parts thereof, and permit or other fees arising therefrom shall be paid into the Consumer and Business Services Fund created by ORS 0. and credited to the account responsible for paying such expenses. A state employee may not be displaced as a result of using contract personnel. () If a municipality administering a building inspection program under this section seeks to administer additional parts of a program, the municipality must comply with ORS., including the requirement that the municipality administer and enforce all aspects of the building inspection program. Thereafter, the municipality is subject to ORS. and ceases to be subject to this section. () The department shall adopt rules to require the governing body of each municipality to submit a written plan with the notice required under subsection () of this section. If the department is the governing body, the department shall have a plan on file. The plan shall specify how cooperation with the State Fire Marshal or a designee of the State Fire Marshal will be achieved and how a uniform fire code will be considered in the review process of the design and construction [0]

11 HB phases of buildings or structures. () A municipality that administers a code for which persons or businesses are authorized under ORS. to perform activities shall recognize and accept those activities as if performed by the municipality. A municipality is not required to accept an inspection, a plan or a plan review that does not meet the requirements of the state building code. (0) The department or a municipality that accepts an inspection or plan review as required by this section by a person licensed under ORS. has no responsibility or liability for the activities of the licensee. () In addition to the requirements of ORS.00 and.0, the director shall regulate building inspection programs of municipalities assumed prior to January, 00. Regulation under this subsection shall include but not be limited to: (a) Creating building inspection program application and amendment requirements and procedures; (b) Granting or denying applications for building inspection program authority and amendments; (c) Reviewing procedures and program operations of municipalities; (d) Creating standards for efficient, effective, timely and acceptable building inspection programs; (e) Creating standards for justifying increases in building inspection program fees adopted by a municipality; (f) Creating standards for determining whether a county or department building inspection program is economically impaired in its ability to reasonably continue providing the program or part of the program throughout a county, if another municipality is allowed to provide a building inspection program or part of a program within the same county; and (g) Enforcing the requirements of this section. () The department may assume administration of a building inspection program: (a) During the pendency of activities under ORS.0; (b) If a municipality abandons any part of the building inspection program or is no longer able to administer the building inspection program; and (c) If a municipality fails to substantially comply with any provision of this section or of ORS.,. and.. () If a municipality abandons or otherwise ceases to administer all or part of a building inspection program described in this section, the municipality may not resume the administration and enforcement of the abandoned program or part of a program for at least two years. The municipality may resume the administration and enforcement of the abandoned program or part of a program only on July of an odd-numbered year. To resume the administration and enforcement of the abandoned program or part of a program, the municipality must comply with ORS., including the requirement that the municipality administer and enforce all aspects of the building inspection program. Thereafter, the municipality is subject to ORS. and ceases to be subject to this section. () A municipality that administers and enforces a building inspection program under this section shall include in the program the inspection of boilers and pressure vessels described in subsection ()(a)(h) of this section. SECTION. ORS.0 is amended to read:.0. () Except as otherwise provided by law, all moneys appropriated or credited to the Consumer and Business Services Fund and received under this chapter, ORS.00 to., []

12 HB , 0.00 to 0., [0.0 to 0.0,].0 to.,., 0.0 to 0.0 and ORS chapter hereby are appropriated continuously for and shall be used by the director for the purpose of carrying out the duties and responsibilities imposed upon the department under this chapter, ORS. to.,. to.,.00 to.,., 0.00 to 0., [0.0 to 0.0,].0 to.,. and 0.0 to 0.0 and ORS chapter. () Except as otherwise provided by law, all moneys appropriated or credited to the Consumer and Business Services Fund and received under ORS.00 to.00,.0,. to.,. to.0,. to.,. to. and.0 () hereby are appropriated continuously for and shall be used by the director for the purpose of carrying out the duties and responsibilities imposed upon the department under ORS.00 to.00,.0,. to.,. to.0,. to. and. to., and education and training programs pertaining thereto. SECTION. ORS 0.0 is amended to read: 0.0. () Fees are not required under ORS 0.00 to 0. to install, alter, repair, operate or maintain an elevator: (a) Under the supervision of the United States Government. (b) That is a nonpower-driven lifting device. (c) Located in a private residence, except for initial installation. () The owner or user of an elevator described in subsection () of this section may request that the Department of Consumer and Business Services inspect the elevator. If the department performs the inspection, the department, notwithstanding subsection () of this section, may collect the appropriate fee for performing the inspection. () Pipes installed in an elevator hoistway prior to July,, that do not convey gases or liquids that would endanger life if discharged into the hoistway need not be removed. () ORS 0.00 to 0. do not apply to: (a) Belt, bucket, scoop, roller or similar type material conveyors. (b) Hoists for raising or lowering materials and that are provided with unguided hooks, slings and similar means for attachment to the materials. (c) Material hoists used only to raise and lower building material in buildings under construction. (d) Stackers that serve one floor only. (e) Window-washing scaffolds. (f) Nonpower-driven lifting devices. (g) Amusement rides, amusement devices or rental amusement devices. (h) Mine elevators. (i) Elevators under the supervision of the United States Government. (j) Elevators located in private residences, except for initial installation permits and installation inspections. (k) Other elevators and equipment as provided by the department by rule. SECTION. ORS 0. is amended to read: 0.. () There is created in the State Treasury a fund to be known as the Consumer and Business Services Fund, separate and distinct from the General Fund. All moneys collected or received by the Department of Consumer and Business Services, except moneys collected pursuant to ORS. and those moneys required to be paid into the Workers Benefit Fund, shall be paid into the State Treasury and credited to the Consumer and Business Services Fund. Moneys in the fund []

13 HB may be invested in the same manner as other state moneys and any interest earned shall be credited to the fund. () The department shall keep a record of all moneys deposited in the Consumer and Business Services Fund that shall indicate, by separate account, the source from which the moneys are derived, the interest earned and the activity or program against which any withdrawal is charged. () If moneys credited to any one account are withdrawn, transferred or otherwise used for purposes other than the program or activity for which the account is established, interest shall accrue on the amount withdrawn from the date of withdrawal and until such funds are restored. () Moneys in the fund are continuously appropriated to the department for its administrative expenses and for its expenses in carrying out its functions and duties under any provision of law. () Except as provided in ORS 0., it is the intention of the Legislative Assembly that the performance of the various duties and functions of the department in connection with each of its programs shall be financed by the fees, assessments and charges established and collected in connection with those programs. () There is created by transfer from the Consumer and Business Services Fund a revolving administrative account in the amount of $00,000. The revolving account shall be disbursed by checks or orders issued by the director or the Workers Compensation Board and drawn upon the State Treasury, to carry on the duties and functions of the department and the board. All checks or orders paid from the revolving account shall be reimbursed by a warrant drawn in favor of the department charged against the Consumer and Business Services Fund and recorded in the appropriate subsidiary record. () For the purposes of ORS chapter, the revolving account created pursuant to subsection () of this section may also be used to: (a) Pay compensation benefits; and (b) Refund to employers amounts paid to the Consumer and Business Services Fund in excess of the amounts required by ORS chapter. () Notwithstanding subsections (), () and () of this section and except as provided in ORS.0 (), the moneys derived pursuant to ORS.00 to.00,.0,. to.,. to.0,. to.,. to. and.0 () and deposited to the fund, interest earned on those moneys and withdrawals of moneys for activities or programs under ORS.00 to.00,.0,. to.,. to.0,. to. and. to., or education and training programs pertaining thereto, must be assigned to a single account within the fund. () Notwithstanding subsections (), () and () of this section, the moneys derived pursuant to ORS.0 [or 0.0] or from state building code or specialty code program fees for which the amount is established by department rule pursuant to ORS.00 () and deposited to the fund, interest earned on those moneys and withdrawals of moneys for activities or programs described under ORS.0 or. to.,. to. and 0.0 to 0.0, structural or mechanical specialty code programs or activities for which a fee is collected under ORS.00 (), or programs described under subsection (0) of this section that provide training and education for persons employed in producing, selling, installing, delivering or inspecting manufactured structures or manufactured dwelling parks or recreation parks, must be assigned to a single account within the fund. (0) Notwithstanding ORS. to. and ORS chapters A and B, the department may, after consultation with the appropriate specialty code advisory boards established under ORS []

14 HB 0 0.,.,., 0. and., contract for public or private parties to develop or provide training and education programs relating to the state building code and associated licensing or certification programs. SECTION. ORS 0.0, 0.0, 0., 0.0, 0., 0., 0.0 and 0.0 are repealed. SECTION. The Department of Consumer and Business Services shall adopt initial rules establishing professional qualifications as described in section of this 0 Act in time for the rules to become effective no later than July, 0. SECTION. () Section of this 0 Act applies to persons engaging in the inspection of amusement rides, amusement devices or rental amusement devices on or after January, 0. () Section of this 0 Act applies to damages caused by the operation of an amusement ride, amusement device or rental amusement device on or after the effective date of this 0 Act. SECTION 0. The amendments to ORS 0.0 by section of this 0 Act become operative on January, 0. []